Section 106 Agreements

Section 106 (S.106) Planning Obligations are legally binding agreements entered into by persons with an interest in a piece of land (often a developer) secured by a legal agreement or deed.

They are designed to mitigate for a particular impact that would arise from a development. Planning Obligations are negotiated between the Local Planning Authority and the developer in consultation with a number of key external stakeholders, including the County Council, the Police and the Primary Care Trust.

Planning Obligations can be entered into by means of a legal agreement between a developer and a Local Authority (S.106 Agreement) or offered up by a developer without the Local Authority signing up to the document as a Unilateral Undertaking (UU). UU's are usually only used for smaller developments with limited contributions.

Planning Obligations can include:

Affordable housing;

Primary and secondary education;

Creation, maintenance and adoption of open space and recreation facilities;